GLOBAL TEACHING INSIGHTS PLATFORM 1: TERMS OF SERVICE AND PRIVACY POLICY
Terms of Service
The Organisation for Economic Co-operation and Development (“OECD”), an international organisation having its headquarters at 2 rue André Pascal 75016 Paris, France, has set out the following Terms of Service agreement (“TOS”) to set forth the legally binding terms and conditions between you and the OECD for your use of the Global Teaching InSights platform (the “Platform” or “GTI Platform”) and the services, features, content, products, resources, materials and applications offered by OECD and/or third parties through the GTI Platform (collectively with the Platform, the “Service” or “Services”). Please note that our Code of Conduct, which can be found here, is incorporated herein.
By registering a user account on the Platform (“Registered User”), or by using the Platform without registering subject to the display of these TOS on the Platform, you expressly acknowledge that you have read and agreed to be bound by all of the terms and conditions of these TOS. Registered Users and non-registered users may be individually, and collectively, referred to in these terms as “you” or “user” and our reference to “you” should be interpreted based on the context of your usage (i.e., as a Registered User or non-registered user). If you do not agree to these TOS, please do not access or use the Services.
The OECD may amend the TOS at any time at our sole discretion, and effective immediately upon posting the amended TOS to the Platform. We encourage you to monitor this page periodically to stay aware of any change to the TOS. Where we make material changes to the TOS, we will provide notice of the amended TOS, and your continued use of the GTI Platform and Services means that you agree to the amended version of the TOS. If you do not agree with any amendments, you should cease to use or access the GTI Platform or Services, either on a registered or unregistered basis.
User Content Licensing Terms
The Services may allow you to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content (including video content and photographs), and messages, and other materials or submissions (“User Content”). You also may separately submit to us feedback, ideas, or suggested improvements regarding the Platform or Services (“Feedback”). For clarity, Feedback shall not constitute User Content.
You understand that you will not have any industrial or intellectual property rights in the Platform, Services or its supporting materials, including any improvements or modifications to the same based on your Feedback. Any Feedback you provide will be the exclusive property of the OECD. To the extent you own any rights in Feedback, you hereby assign to us all right, title and interest in and to such Feedback.
By posting, uploading, or linking to User Content through use of our Services, you hereby grant to the OECD and its sub-licensees (which may include academic or governmental partners, teaching federations and communities, and research institutions, as well as teachers, educators, and school leaders the OECD authorizes to curate and moderate contents of the Platform and any sub-
contractors engaged to provide the Services) (the “Licensed Parties”) a royalty-free, irrevocable, fully paid-up, sublicensable, transferable worldwide right and license to use, host, store, reproduce, prepare derivative works of, display, transmit, adapt, re-publish (including on the GTI Platform and on other websites and social media platforms) and distribute such (i) User Content (including in modified form) and (ii) your username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with your User Content. This license will be limited as necessary to comply with individual data privacy rights in relation to such User Content. Other users of the Platform are authorized to use, store, reproduce or re-publish the User Content as described above for non-commercial purposes only (including reasonable use in an educational or classroom environment) relating to the use or dissemination of the Platform or any of its contents in accordance with these TOS and the objectives described in the Code of Conduct, and shall be considered as Licensed Parties for such limited purposes.
You hereby release the Licensed Parties and their successors and assigns from any and all claims and demands arising out of or in connection with (i) their use of User Content as agreed to in these TOS and (ii) the use of your Name and/or Likeness as agreed to in these TOS, including without limitation any and all claims for libel or invasion of privacy and any and all claims for royalties or compensation other than as may be expressly provided herein.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you including any User Content. The Licensed Parties may choose to use, stop using, reuse, or not use your User Content or Name and/or Likeness at any time. The Licensed Parties’ use of your User Content or your Name and/or Likeness does not imply any endorsement of or any affiliation with you and you will not claim or represent any affiliation with any of the Licensed Parties’ on the basis of such use. You hereby waive any right to inspect or approve any use of the User Content or Name and/or Likeness by the Licensed Parties as permitted hereunder.
If requested by the OECD, you will sign any documentation as may be reasonably required to protect, perfect, or enforce any of the rights you have given to us under these User Content Licensing Terms.
Data Privacy
The use of and processing of any personal data processed through the Platform, including personal data associated with your User Content, is governed by the GTI Platform Privacy Policy, which can be found here.
By submitting any multimedia content that can be used to identify an individual (including video content and photographs) or other personal data of others through the Services, you acknowledge that you are aware that such content and personal data will be publicly available and viewable on the Services and may be re-published by the Licensed Parties in accordance with these TOS (including on the GTI Platform and on third-party websites and social media platforms), and you represent and warrant that your submission of such content and personal data for the uses described in the Privacy Policy and these TOS complies with all privacy and data protection laws applicable to such content and personal data and any individuals identified or identifiable therein, including laws governing the use and publication of multimedia content, images, and personal data of students and minor children. To the extent that any such applicable laws require providing notice to and/or obtaining the consent of students or their parents or legal guardians, the blurring of students' faces or obfuscation of their voices, the removal or obfuscation of student identifying information (such as spoken names that can be used to identify the student), or any other steps prior to publishing the content or personal data, you represent and warrant that you have undertaken such steps prior to submitting the content or personal data.
To the extent that the OECD requires you to produce any notice provided to or consent obtained from individuals depicted in a particular video, you agree to produce such notice or consent to the OECD; if such notice or consent is not sufficient, in the OECD's sole discretion, the OECD reserves the right to remove the video from the Platform. You also represent and warrant that to the extent that any individual, parent or legal guardian exercises a legal right to delete or rectify the content or personal
data that you have submitted to the Services, you will contact the OECD at GlobalTeachingInSights@oecd.org in relation to such request and provide all relevant information concerning such content or personal data.
Copyright Policy
The OECD respects the intellectual property rights of others and expects users to do the same. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and want to report alleged copyright infringements taking place on or through the Platform or the Services, please send a notice with all of the items below, to the OECD at GlobalTeachingInSights@oecd.org and we will take appropriate action, in our sole discretion, which may include removing the challenged content from the Platform.
• Identification of the copyrighted work that you claim is being infringed;
• Identification of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
• Your name, title (if acting as an agent), address, telephone number, and email address and your electronic or physical signature;
• Both of the following statements:
1. "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and
2. “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”.
Please note that if you fail to comply with all of the requirements of this section, your notice may not be valid. Furthermore, we may, in appropriate circumstances, disable or terminate the accounts of infringing users. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright.
User Representations and Warranties
You represent and warrant that:
• You are at least eighteen (18) years of age or are legally considered an adult in the country or where you reside;
• You have the full right, power and authority to enter into, grant the rights described in the User Content Licensing Terms and perform your obligations under these TOS;
• You own all rights in and to your User Content and Name and/or Likeness, or have obtained appropriate rights and permissions from any and all other persons and entities who own, manage, or otherwise claim any rights with respect to such User Content and Name and/or Likeness, such that you have all necessary licenses, rights, consents, and permissions to publish the User Content and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing or performing in your User Content;
• You will not create, post, upload, link to, or engage in, any Prohibited Content and Behaviour; and
• The Licensed Parties’ use of your User Content and Name and/or Likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, or other rights or laws.
User Indemnity
You hereby fully release, discharge, and agree to hold the Licensed Parties, and any person or entity acting on their behalf, harmless from any damages, losses, costs, expenses (including reasonable attorneys’ fees), and liabilities arising from claims, allegations, demands, suits, proceedings, or government actions related in any way to (i) your breach of these TOS, (ii) your breach of your representations and warranties (including the infringement, misappropriation, or violation of any intellectual property rights of the OECD or any third party by your User Content); or (iii) the Licensed Parties’ use of your User Content and your Name and/or Likeness, as permitted by these TOS.
Disclaimers
The opinions expressed by users of the Platform or in User Content are not endorsed by the OECD. We do not control or take responsibility for any content, including but not limited to User Content and Prohibited Content and Behaviour. The GTI Platform may also consist of advice, information, opinions or statements posted by third parties and links to third party sites or references to third party products and services, which third party content, sites, products and services the OECD does not endorse, control, or take responsibility for. We therefore accept no liability in respect to the accuracy or truthfulness of any advice, information, or data posted or shared by third parties in connection with the Services or links to the Services, or the outcomes arising from your use of such advice, information, or data.
We reserve the exclusive right in our sole discretion to alter, limit or discontinue all or part of the GTI Platform and/or its contents. Under no circumstances shall we be liable for any loss, damage, liability or expense suffered which is claimed to result from use of the GTI Platform or the content provided therein (including but not limited to User Content), including without limitation, any fault, error, omission, interruption or delay, however such damages are caused. Use of the Platform, or any component thereof, is at the user's sole risk.
Information or content made available via the GTI Platform does not imply the expression of any opinion whatsoever on the part of the OECD or its Members concerning the legal status of any country or of its authorities. The content, as well as any data and any maps displayed are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.
Applicable Law and Dispute Resolution
Given the status of the OECD as an international organisation, the rights and obligations of the OECD and the rights and obligations of the user shall be governed exclusively by these TOS.
Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of the TOS, including their existence, validity or termination, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration (PCA) Arbitration Rules 2012. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be Paris (France). The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal, or if this renunciation is not legally possible, the parties expressly agree that if an award rendered by the arbitral tribunal is annulled, the jurisdiction ruling on the annulment proceedings cannot rule on the merits of the case. The dispute will therefore be settled by new arbitral proceedings in accordance with this
clause. The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal.
Privileges and Immunities
Nothing in these TOS shall be construed as a waiver of any privileges and immunities to which the OECD is entitled under international or national law, including any privileges and immunities agreement.
Last updated: 23 August 2023
Privacy Policy
The Organisation for Economic Co-Operation and Development ( “OECD”) is committed to protecting the personal data of users of the Global Teaching InSights platform (the “Platform” or “GTI Platform”), which is an essential tool for advancing our mission and programme of work.
This privacy policy describes the types of personal data we collect through the GTI Platform, how we use it, who has access and for how long. It also provides information on the rights provided to users of the Platform under the OECD’s data protection rules
How we collect and use personal data
We collect personal data through the use of the GTI Platform in two ways: data you directly provide to us and data generated by your activity on the Platform.
Data you directly provide. You can choose to voluntarily provide us personal data in the context of registering a user account on the Platform, subscribing to online newsletters, responding to questionnaires, and creating, uploading, or posting questions, responses, comments, ideas, articles, information, data, text, multimedia content (including video content and photographs), messages, and other materials or submissions to the Platform. This data enables us to provide the services you have requested and may include your name, email address, and work details. In addition, the multimedia content or other information you provide including video segments of teaching moments in classrooms may contain your voice, image, likeness and/or the images, voices, and personal data of others, including students and other teaching staff.
Personal data contained in multimedia content and other information that you submit through the GTI Platform, including the personal data of others, will be publicly available and viewable on the Platform and may be re-used or distributed in accordance with the GTI Platform Terms of Service (“TOS”), including publication on the GTI Platform and on third-party websites and social media platforms. As such, you will ensure that your submission of such content and personal data for the uses described in this Privacy Policy and the TOS complies with all privacy and data protection laws applicable to such content and personal data and the individuals identified or identifiable therein, including laws governing the use and publication of multimedia content, images, and personal data of students and minor children. To the extent that such laws require providing notice to and/or obtaining the consent of students or their parents or legal guardians, the blurring of students' faces or obfuscation of their voices, the removal or obfuscation of student identifying information (such as spoken names that can be used to identify the student), or any other steps prior to publishing the content or personal data, you will ensure that you have undertaken such steps prior to submitting the content or personal data, and will provide the OECD with any required notices or consents upon request.
We may also collect and log from you certain user-generated content, such as comments in videos and forums, and responses on observation rubrics. You are responsible for ensuring that you do not include any personal information or other information you are not authorised to provide, whether relating to you or another person, on the different spaces of the Platform where you may provide content.
Data generated by your activity. In order to ensure the effective functioning and security of the GTI Platform and to better understand visitor behavioural patterns, as you browse the Platform and interact with our emails we automatically collect:
• Log information such as the pages you visit, the time/date of your visit as well as your
• Device and software information such as your browser specifications and operating system.
• Email analytics about your interactions with our emails, such as opens and clicks.
This information is collected through the use of various technologies, including cookies which are small text files stored in your browser. If you have registered and are logged-in, your browsing activity is
linked to your user credentials so that we can personalise your experience on the Platform, including for future visits.
Data uses.In addition to processing your personal data to provide the services you requested and to make videos you provide available to users of the GTI Platform, we will process the personal data collected for the following purposes:
• Analytics: to understand visitor behaviour by analyzing the data generated by your activity on the Platform and through your interactions with emails.
• Email communications: to send email communications to you such as newsletters, platform alerts, and event notifications at the contact information that you provide to us via the GTI Platform.
• Online surveys: to run online surveys of user views.
• Online communities: to operate online networking environments.
• Social media: to publish videos you provide on third-party websites and social media platforms for the same purposes for which they would be posted on the GTI Platform.
Access, disclosure, and storage
Access to your user personal data stored within the Platform is limited to appropriate staff within the OECD. Other individuals such as teachers, educators, and school leaders the OECD authorizes to curate and moderate contents of the Platform may access analytics data subject to a confidentiality agreement. All analytics data will remain anonymous.
Personal data you provide about yourself directly is typically kept until you unsubscribe from the service requested. We store data about your user activity on our platform for two years, after which time it is deleted. Videos and other user content you provide are stored as long as the GTI Platform is provided and are publicly accessible, subject to the rights of individuals to request the deletion of personal data from the Platform.
Links to other websites
Where we provide links to websites of other organisations, this privacy policy does not cover how those organisations process personal data. For example, we link to our profiles on a number of social media platforms such as Twitter, Facebook, LinkedIn, Instagram and YouTube. We are not responsible for the privacy policies or content on third-party websites and encourage you to read the privacy notices of other websites you visit.
Young people and minors
If you are a parent, guardian, or responsible adult of a minor who you have learned has posted, submitted, or otherwise communicated personal data to the GTI Platform, or you have learned that personal data of your minor child has been included in a video without your consent, then you may contact us at GlobalTeachingInSights@oecd.org, so we can take the relevant steps to remove this information.
To the extent that any individual, parent, guardian, or responsible adult exercises a legal right to delete the content or personal data that you have submitted to the Services about that individual or their child, then you may contact us at GlobalTeachingInSights@oecd.org so that we can take the relevant steps to remove this information.
How to contact us or exercise your rights
Under the OECD’s data protection rules, you have rights to access and rectify your personal data, as well as to object to its processing, request erasure, and obtain data portability in certain circumstances. To exercise these rights in connection with your use of the Platform or any content on the Platform, please contact GlobalTeachingInSights@oecd.org.
If you have further queries or complaints related to the processing of your personal data, please contact the Data Protection Officer. If you need further assistance in resolving claims related to personal data protection you can contact the Data Protection Commissioner.
Additional information about our approach to data protection is available here.
Last updated: 23 August 2023